VirTrial Privacy Policy

Effective on: August 1, 2019

Introduction and Scope
VirTrial, LLC and its subsidiary Virtual Pre-Site LLC (“VirTrial”, “we”, “us”, or “our”) take the protection of personally identifiable information (“Personal Data”) very seriously. This Privacy Policy (this “Policy”) addresses data subjects whose Personal Data we may receive from our clients in our web-based and mobile applications, Care Connect and Virtual Care (collectively, the “Services”). This Policy does not apply to Personal Data we collect by other means, such as Personal Data that we receive directly through our website or the Personal Data of our employees.

Controllership
VirTrial acts as an agent, also known as a data processor, for the Personal Data we process for our clients when providing our Services. This means that our clients determine the type of Personal Data they provide for us to process on their behalf. We typically have no direct relationship with the individuals whose Personal Data we receive from our clients.

Basis of Processing
Within the scope of this Policy, we process Personal Data based on the instructions of our clients.

How We Receive Personal Data
We may receive your Personal Data when:
• you provide it directly to us as part of using our Services;
• our clients (including their employees, contractors, and other representatives of the company, such as doctors and patient coordinators) provide it to us; or
• your caregiver provides it to us.

Categories of Personal Data
We may process the following types of Personal Data:
• biographical information, such as first and last name and date of birth;
• contact information, such as mobile phone number, email address, and postal code;
• the last four digits of social insurance number, social security number, or similar national identifier;
• answers to survey questions, which may include data related to health and medical conditions;
• content of written communication with clinical study coordinators, which may include data related to health and medical conditions; and
• images and audio/video streams, which could contain any category of Personal Data.

Purposes of Processing
We may process your Personal Data for the purpose of enabling the use of the Services. We are a Telemedicine service that provides a secure method of video, email, and text communication between clinical trial teams and patients. Personal Data can be used for conducting video visits, sending appointment, medication, and other reminders via SMS message, email, or our secure message functionality, as well as to generate compliance and other pertinent reports for review.

Data Retention
We retain Personal Data for as long as instructed by the respective client (who typically acts as a data controller). We will take reasonable and appropriate measures to delete the Personal Data submitted to us by our clients within six months of the end of our service agreement with the client, unless applicable laws require otherwise.

Sharing Personal Data with Third Parties
We may share Personal Data with our subsidiaries or service providers, who process Personal Data on our behalf and who contractually agree to use the Personal Data only to assist us in providing our Services or as required by law. Our service providers may provide cloud-based web and application hosting and business and technical support.
Some of these third parties may be located outside of the United States. However, before transferring your Personal Data to these third parties, we will either ask for your explicit consent or require the third party to maintain at least the same level of privacy and security for your Personal Data that we do. We remain liable for the protection of your Personal Data within the scope of our Privacy Shield certification that we transfer to third parties, except to the extent that we are not responsible for events that lead to any unauthorized or improper processing.

Also, some of these third parties may be located outside of the European Union or the European Economic Area. In some cases, the European Commission may not have determined that these countries’ data protection laws provide a level of protection equivalent to European Union law. We will only transfer your Personal Data to third parties in these countries when there are appropriate safeguards in place. These may include the European-Commission-approved standard contractual data protection clauses.

Other Disclosure of Your Personal Data
We may disclose your Personal Data to the extent required by law, or if we have a good-faith belief that we need to disclose it in order to comply with official investigations or legal proceedings (whether initiated by governmental/law enforcement officials or private parties). We may also disclose your Personal Data if we sell or transfer all or some of our company’s business interests, assets, or both, or in connection with a corporate restructuring. Finally, we may disclose your Personal Data to our subsidiaries or affiliates, but only if necessary for business purposes, as described in the section above.

We reserve the right to use aggregated, anonymous data for any legal business purpose. Such data does not include any Personal Data. The purposes may include analyzing usage trends or seeking compatible advertisers, sponsors, and clients.

If we have to disclose your Personal Data to governmental/law enforcement officials, we may not be able to ensure that those officials will maintain the privacy and security of your Personal Data.

Cookies
A “cookie” is a small file stored on your device that contains information about your device. We may use cookies for web application functionality, authentication (session management), usage analytics (web analytics), to remember your settings, and to generally improve our Services.

We use session and persistent cookies. Session cookies are deleted when you close your browser. Persistent cookies may remain even after you close your browser, but always have an expiration date. Most of the cookies placed on your device through our Services are first-party cookies, since they are placed directly by us. Other parties, such as Google, may also set their own (third-party) cookies through our Services. Please refer to the policies of these third parties to learn more about the way in which they collect and process information about you.

If you would prefer not to accept cookies, you can change the setup of your browser to reject all or some cookies. Note, if you reject certain cookies, you may not be able to use all of our Services’ features. For more information, please visit https://www.aboutcookies.org/.

You may also set your browser to send a Do Not Track (DNT) signal. For more information, please visit https://www.allaboutdnt.com/. Please note that our Services do not have the capability to respond to “Do Not Track” signals received from web browsers.

Data Integrity & Security
We have implemented and will maintain technical, administrative, and physical measures that are reasonably designed to help protect your Personal Data from unauthorized processing. This includes unauthorized access, disclosure, alteration, or destruction.

Access & Review
If we process your or your child’s Personal Data, you may have the right to request access to (or to update, correct, or delete) such Personal Data.

If we have received your Personal Data in reliance on the Privacy Shield, you may also have the right to opt out of having your Personal Data shared with third parties and to revoke your consent to our sharing your Personal Data with third parties. You may also have the right to opt out if your Personal Data is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized. Requests should be sent directly to the VirTrial client who provided your Personal Data to us. VirTrial has limited rights to access the Personal Data that our clients submit to us. Therefore, if you contact us with such a request, please provide the name of the VirTrial client who submitted your Personal Data to us. We will forward your request to that client, and provide all possible reasonable and necessary assistance as they respond to your request.

EU-U.S. and Swiss-U.S. Privacy Shield Frameworks
For Personal Data processed in the scope of this Policy, VirTrial complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (the “Privacy Shield”), as adopted and set forth by the U.S. Department of Commerce regarding the processing of Personal Data transferred from the European Union, the European Economic Area, the United Kingdom, or Switzerland to the United States, or otherwise received in reliance on the Privacy Shield. We commit to adhere to the Privacy Shield Principles and have certified our adherence to the Department of Commerce.

To learn more about the Privacy Shield, and to view our certification, please visit https://www.privacyshield.gov and https://www.privacyshield.gov/list, respectively.

Dispute Resolution
Where a privacy complaint or dispute cannot be resolved through our internal processes, we have agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, a United States-based alternative dispute resolution provider. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Privacy Shield Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

Binding Arbitration
If your dispute or complaint can’t be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you under the Privacy Shield’s “Recourse, Enforcement and Liability Principle” and Annex I of the Privacy Shield.

U.S. Regulatory Oversight
VirTrial is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

European Union Supervisory Authority Oversight
If you are a data subject whose Personal Data we process, you may also have the right to lodge a complaint with a data protection regulator in one or more of the European Union member states.

Changes to this Policy
If we make any material change to this Policy, we will post the revised Policy to this web page. We will also update the “Effective” date. By continuing to use our Services after we post any of these changes, you accept the modified Policy.

Contact Us
If you have any questions about this Policy or our processing of your Personal Data, please write to our VP Operations by email at kimkundert@virtrial.com or by postal mail at:

VirTrial
Attn: Kim Kundert, VP Operations
20645 N. Pima Road, Suite 110
Scottsdale, AZ 85255 USA

Please allow up to four weeks for us to reply.

Data Protection Officer
We have appointed VeraSafe as our Data Protection Officer (DPO). While you may
also contact us directly, VeraSafe can be contacted concerning our processing of Personal Data. VeraSafe’s contact details are:

VeraSafe
22 Essex Way #8203
Essex, VT 05451 USA
Email: experts@verasafe.com
Web: https://www.verasafe.com/about-verasafe/contact-us/